dojN002611.xml

dojN002611.xml

born-digital

email

yes

no

2002-01-08

Congress of the United States
House of Representative
Washington, DC 20515-3004

January 8, 2002



Kenneth L. Zwick, Director
Office of Management Programs, Civil Division
U.. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530

Dear Mr. Zwick:

I am grateful for the opportunity to comment regarding the Interim final rule for the
September 11th Victim Compensation Fund of 2001, particularly, the Eligibility rule as it relates to "physical harm" sustained and verified within 24 hours of an injury. In fairness to the victims and families of the September 11th terrorist attack this rule must be changed.

Mr. of Jackson, New Jersey worked in 2 World Trade Center with his brother and sister in law. All three were employed . Mr. , in fleeing the building sustained physical injury to his back and neck but cannot file under the Victim's Compensation Fund. The present interim rule relative to "eligibility" excludes Mr. from participation as treatment did not occur within 24 hours of the injury.

What the rule fails to consider is the unique circumstance of each victim. In this instance, the tragic death of Mr. 's, brother and sister in law and the preoccupation of the family in locating missing family members. Consequently, Mr. was treated for his injury on September 13th and not within arbitrary time limit imposed by the rule.

I am confident, that the circumstances as outlined in Mr. 's, statement will strengthen for change in the interim eligibility regulation. I would appreciate an expeditious review and I look forward to hearing from you within a reasonable time frame.

If you have any questions or if I may assist in some particular way, do not hesitate to
contact me in either Washington, DC or at my Whiting District Office. Your attention to this sensitive issue is greatly appreciated.

Sincerely,

Christopher H. Smith
Member of Congress



Honorable Chris Smith
100 Lacey Road, Suite 38A
Whiting Shopping Center
Whiting, New Jersey 08759

12/26/01


Dear Congressman Smith:

I am writing to you regarding the interim final rules of September 11 Victim Compensation
Fund. Specifically, I would like your help in getting one of the rules changed as it relates to "Physical Harm." I worked in 2 World Trade Center along with my brother and sister in law. We worked for . On September 11, I severely hurt my back (2 herniated disks) and my neck running from tower 2 as the plane hit the building. Needless to say I did not get home until late evening, only to learn that my brother and sister in law were missing. My next day was spent working the telephones; calling various city agencies looking for and . Sadly, they were both killed. For this reason, I did not see my physician until September 13th. According to the interim rules of the fund, I would not qualify to use the fund because I did not see a Doctor within 24 hours of my injury. I feel that this criteria is too restrictive and unjust. I have never suffered any prior back or neck injuries and have been out of work on Workman's Compensation since September 11. I need your assistance in lobbying the funds Special Master, Mr. Feinburg, into changing the rule about seeing a physician within 24 hours of sustaining your injury. I feel that my situation speaks for itself and Mr. Feinburg should change the rule accordingly. I'm sure there are many other people in similar situations. I appreciate your help and hope we will be successful.

Sincerely,

Jackson, New Jersey

2002-01-08